IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY. This License Agreement of ACom® Software is an agreement that rules the use of ACom® Software. ACom® Software is a customized version of Jaltest® for Bendix Corporation, a Product manufactured and Software developed entirely in Spain, with exclusive ownership of COJALI S. L., which can be downloaded from a Web site or through internal applications, understood as such both the computer software and the attached technical documentation, hereafter ACom® Software. It is important that you take the necessary time to read it carefully. The present legal contract shall be referred to as License Agreement for the use of ACom® Software or "License".
Downloading, installing, copying or using ACom® Software in any way or form implies having read and accepted the terms and conditions of this License, being legally bound by these. If you do not agree with the terms and conditions, please do not use ACom® Software.
The use of ACom® Software is not for sale; its use is only authorized under this License, in strict accordance with the content of the present document, which legally binds the contracting parties.
COJALI S. L., with business address at Avenida de la Industria s/n, 13610 Campo de Criptana (Ciudad Real), Spain, as the sole manufacturer that develops ACom® Software in Spain.
Authorized Distributor: Natural or legal person that assumes all the responsibilities arising from the sale and commercialization of ACom® Software, in a particular geographic area or zone anywhere in the world, officially representing ACom®, hereafter known as ACom®.
User: Natural or legal person that acts in the context of a business or professional activity and that downloads and uses ACom® Software, upon acceptance of the License. Any individual acting in the name and on behalf of the User shall equate to such figure, whether in a directive relationship or dependent subordination. The User shall not be legally considered as the end user.
Fraudulent and illegitimate access to ACom® Software by any third party shall lead to responsibilities in order to compensate COJALI S. L. and/or ACom® for any damage or harm caused, including moral and reputational damages, and loss of sales or revenues quantifiable for the consequences of such unauthorized access.
ACom® grants the User a temporary, non-exclusive and non-transferable right to use ACom® Software. The use of ACom® Software is subject to the conditions and limitations of this legal contract signed between the User, COJALI S. L. and ACom®:
To use ACom® Software, active Internet connection is required.
The User accepts and acknowledges that COJALI S. L. and/or ACom® may include own or third-party advertising in the interface of ACom® Software. Such advertising may contain links to third-party web sites, subject to their own terms and conditions.
ACom® Software may include additional legal notices that are considered as part of this agreement.
The technical documentation, images, design, photographs, plans, animation, video, audio, music, text and any other elements provided to the User along with ACom® Software, allow the optimal performance of the interoperability of the application, and in no case this information can be the subject to monetary quantification, being the provision of this service non-profit making.
The User agrees not to alter ACom® Software or to incorporate it, partly or as a whole, into other programs.
ACom® Software includes protection devices which are automatically triggered. The visualization of technical information is protected by these devices and shall only be displayed if such devices are detected. ACom® Software shall inform the User about when and how to connect such protection devices.
ACom® Software is available and accessible to all countries. However, COJALI S. L. may limit or block access to particular services or functionalities in certain countries. It is the user’s responsibility to verify that the use of the functionalities or services of the content of ACom® Software is legal in the country where they reside.
It is recommended that the User has a computer dedicated exclusively to ACom® Software. Such computer must have Internet connection separate from the network where the User stores valuable data, since ACom® Software may make use of third-party software libraries that may contain CVEs (Common Vulnerabilities and Exposures) and certain third parties with malicious software may use these vulnerabilities as entry vectors to access the computer, compromising the information stored in it or in other computers of the network to which it is connected. COJALI S. L. uses all available means at its disposal to be protected against this type of actions, but it cannot ensure the existence of software vulnerabilities and therefore it shall not be liable for any claims by the User in the event that these vulnerabilities are exploited by a third party.
This License does not grant the User any rights over the source program of ACom® Software. The techniques, algorithms and procedures contained within in it and its documents constitute confidential and reserved information which is exclusively owned by COJALI S. L. and the User should not use it with purposes other than those indicated on the License.
The User shall not make copies of ACom® Software, be it for profit or non-profit purposes, with the sole exception of a backup copy or archive copy, which should include all the rules on confidentiality, ownership, patents, intellectual property and/or registered trademarks contained in the original, and which shall only be used in the event of total or partial loss of the original content of ACom® Software. The entire content of the copy shall always and in any case remain the exclusive property of COJALI S. L., whether it is a partial or total copy made by the User.
Reverse engineering is strictly forbidden. The User shall not apply reverse engineering techniques, decode, decompile, disassemble, modify, transform or translate ACom® Software. Performing any other operation to discover the source code is also prohibited, except for those situations specified by law.
Leasing is prohibited. The User shall not lease or rent ACom® Software to any entity or individual, and shall not transfer this License Agreement or any of its rights and obligations to third parties under no circumstances, unless previously authorized by ACom® in writing.
COJALI S. L. is the exclusive owner of all the intellectual and industrial property rights of ACom® Software, which includes technical documents, images, design, pictures, layouts, animations, videos, audio, music, text and any other elements belonging to it, attached documents as preparatory documents and user’s guides.
With the exception of the information protected by intellectual property rights, owned by third parties, which is duly identified and for which the license required to republish has been obtained, it is expressly forbidden to grant or sublicense this License Agreement in any way, and the User shall be held responsible for breaching such obligations against any protected third party.
ACom® Software is protected by Law and by International Treaties related to the Intellectual Property Rights. Consequently, the User must use ACom® Software as protected material and always subject to the provisions under this License Agreement.
The License Agreement of ACom® Software, granted under this contract, shall commence on the date it was downloaded, installed or enabled for the User, and shall remain in force as long as the terms and conditions established in the contract are complied with.
Once the License Agreement has expired and in case it is not renewed, the use of ACom® Software shall be prohibited.
The User is obliged to keep strict confidentiality regarding the content of ACom® Software and to protect the rights and interests of COJALI S. L. by not disclosing its content to any third party and by taking reasonable technical and organizational measures to keep such information protected.
The User must extend this obligation to all of those provided with access to such information.
This obligation of confidentiality is not limited in time and it shall remain in force even after termination or cancelation of this License and its breach shall give rise to claims for damages.
The License shall be automatically terminated if the User breaches the terms and conditions established in the present License. In case of breach, the User is obliged to uninstall ACom® Software and to return it or destroy it, according to what has been established by ACom®, as well as the backup and the rest of the material previously provided by ACom® under this License.
ACom® shall take all the necessary measures for the correct use of ACom® Software by the User, being able to interrupt, suspend, limit, prevent the use of the software without previous notice or compensation, in case a third party notifies that the User has carried out any action forbidden by Law, by the existing regulations or by the present License.
In all these aforementioned cases, ACom® reserves the right to execute any legal action in defense of its legitimate interests, and shall be entitled to claim compensation for all the damage caused.
The obligations mentioned in this License Agreement shall remain in force even in the event of termination, regardless of the cause, of this License Agreement.
ACom® warrants that ACom® Software shall execute the operations planned and indicated in the technical requirements. ACom® shall not give or recognize any other warranty or make a promise on quality, good functioning or suitability for a particular purpose in relation to ACom® Software or any other related or attached device. In no event ACom® warrants that the software is error-free or capable of operating without interruptions.
ACom® is not liable for providing maintenance, technical support, modifications, updates or new versions of ACom® Software unless the User has paid the established fees currently applicable to the maintenance, support, update or new version, depending on the case, and provided that they have accepted all the relevant additional terms and conditions.
This License is also applicable to ACom® Software update versions, as well as to the improvements and modifications of such Software. The use of ACom® Software updated versions does not grant the User the faculty to increase the number of executable copies. If the User does not have a License in force, they shall not be able to update or reinstall ACom® Software.
Once the license has been paid, executing it constitutes an obligation and, therefore, the legitimate user of the application undertakes to update in due time and manner.
COJALI S. L. shall not be held responsible for any of the damages, either direct or indirect, which may result from the use, limitation or impossibility of use of ACom® Software; even if ACom® or COJALI S. L. have been previously warned about the possibility of such damages or limitations, regardless of the form of notification, and even when there is an intrinsic enforceability requirement.
ACom® Software may not work without errors in relation to all its possible functions and uses. In the same way, ACom® Software update versions might include some inaccuracies and/or shortcomings which were not present on the previous version. The User hereby accepts such possibility.
All specifications, technical data, images and other pieces of information provided by COJALI S. L. might not be conclusive; therefore, COJALI S. L. reserves the right to modify them without prior notice, excluding always and in any case the compensation for any damages that may arise for the User, Authorized Distributor or any other third party.
All data, images, reports, diagrams and texts in the application are used merely for informative and guiding purposes, and under no circumstances should these have legally binding effects for the parties.
ACom® may allow access to software, information, products, or web sites provided by third parties (collectively, "Third-Party Material"). COJALI S. L. does not ensure the functionality, accuracy, quality, validity, or non-infringement of third-party rights of any Third-Party Material.
Any use of the Third-Party Material is subject to the third parties’ applicable terms and conditions.
COJALI S. L. and ACom® shall not be liable to any User for:
COJALI S. L. reserves the right to restrict, modify and remove functionalities, services and features related to ACom® Software without prior notice. Should this occur, no third party, User or Authorized Distributor shall claim any compensation for the limitation, modification or deletion of content from ACom® Software.
The present License Agreement of ACom® Software is written in Castilian Spanish (Spanish). This language prevails over any other version translated into other language.
In the event that COJALI S. L. or ACom® provides, in any language, a translation of the Spanish version of this License, the User acknowledges that such translation is provided for their convenience only and that their relationship with COJALI S. L. and ACom® shall be governed as provided in the Spanish version. Both parties agree that, in the event of any contradiction between the provisions of the Spanish version of this License and the provisions of the translation, the Spanish version shall always prevail in any case.
The parties expressly agree and acknowledge that the present License Agreement of ACom® Software has been established and shall be construed in accordance with the Spanish law.
The User agrees to abide by the provisions of the present License and acknowledges that it is their duty to ensure that the use intended for ACom® Software is legitimate and complies with the legal provisions enforceable in each of the countries or states where ACom® Software shall be used, not being COJALI S. L. or ACom® held responsible for any such breach.
At any time, COJALI S. L. may implement changes and/or modifications on the terms and conditions of this License Agreement.
The User agrees and acknowledges that, in the event that they use ACom® Software after the date when the content, scope and/or provisions of the License Agreement have been modified, ACom® shall consider that the use made by the User constitutes their express acceptance of the updated version of the License Agreement, with regard to each and every one of the terms and conditions contained within the License, governing the use of ACom® Software.
In accordance with the applicable legislation on Personal Data Protection, the User may exercise, at any time, the rights of access, limitation, portability, rectification, cancelation and opposition by providing written notification to COJALI S. L., Avenida de la Industria s/n, 13610 Campo de Criptana (Ciudad Real).
COJALI S. L. is particularly concerned about the security, the importance of the privacy and about ensuring the confidentiality of the data provided by our Users.
Once a User signs in, their personal data, address and information regarding their payment method are included in our database. These data shall only be used for processing their request, as well as for sending information regarding offers and services that may be of their interest. The legitimacy of such treatment is based on the execution of the contractual relation of services with COJALI S. L., on the consent of the data subject and in compliance with legal obligations.
The data shall be kept for the period necessary to fulfill the purpose intended and to determine possible responsibilities resulting from such purpose and the data processing.
COJALI S. L. takes the appropriate security measures in order to avoid the unauthorized access to the data or any other unauthorized modification, disclosure or destruction of such data. These measures include internal reviews of our own procedures regarding the reception, storage and treatment of personal data and of our security measures, as well as physical security in charge of protecting us against the unauthorized access to the systems we store the personal data in.
To request access, rectification, deletion or limitation of the processing of personal data or to object to the processing, provided that the requirements established in the General Data Protection Regulation are met, as well as in the Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights, you can write to the data controller, COJALI S. L., Avenida de la Industria s/n, 13610 Campo de Criptana.
The User accepts and acknowledges that the technical data, those data other than personal data, collected by the ACom® Software belongs to COJALI S. L. and may be used freely and without restriction.
